3 - The Bowery_PUBLIC COMMENT (SAFER)

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The Bowery Mixed-Use Project CEQA Comment May 11, 2020 Page 13 D. THE EIR FAILS TO ADEQUATELY DISCLOSE, ANALYZE, AND MITIGATE THE PROJECT’S IMPACTS RELATED TO HAZARDS AND HAZARDOUS MATERIALS. 1. The EIR fails as an informational document because it fails to disclose that the Project site is contaminated with hazardous materials and is on the Cortese List. A Project has a significant impact on the environment if it is “located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 [the Cortese List] and, as a result, create[s] a significant hazard to the public or the environment.” CEQA, Appendix G; DEIR, 5.7-21. The DEIR states that the Project would have no such impact. It claims: No Impact. The Phase I Environmental Site Assessments that was conducted database searches to determine if the Project area or any nearby properties are identified as currently having hazardous materials. The record searches determined that although the site has a history of various uses, and identified as previously generating hazardous wastes and clean-up activities, the Project site is not located on or near by a site which is included on a list of hazardous materials sites pursuant to Government Code Section 65962.5 (Phase I 2018). The Phase I ESA did not identify any nearby or surrounding area sites that are included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, and as a result, impacts related to hazards from being located on or adjacent to a hazardous materials site would not occur from implementation of the proposed Project. DEIR, 5.7-26. The FEIR goes on to claim that “Sites where response actions have been completed and no operation and maintenance activities are required are not included on the list.” This statement is false and the EIR provides not evidence to support it or the DEIR’s analysis. The Department of Toxic Substances Control states in no uncertain terms in its comments that the Project is on the Cortese List. See, FEIR, 2-3. The DEIR even acknowledges DTSC’s expertise in this area, noting that DTSC “is responsible for a portion of the information contained in the Cortese List.” DEIR, 5.7-4. Closure of an underground storage tank case does not take a site off the Cortese List. A case is closed if clean-up activities achieve certain standards. The level of remediation required depends on the proposed future use of the site. For example, a site may be closed because it was remediated to a level sufficient for the site to be used for industrial purposes, but residual